WRITTEN QUESTION E-0715/02 by Guido Podestà (PPE-DE) and Raffaele Lombardo (PPE-DE) to the Commission. Children's rights and gay couples.
Date: 2002-03-15
Institutions: European Parliament, Provisional data
Subjects: LGBTIQ persons, adoption of a child, child protection, competence of the Member States, psychology

C 205 E/198

Official Journal of the European Communities

EN

29.8.2002

Answer given by Mr Liikanen on behalf of the Commission

(29 April 2002)

Most passenger cars today have a maximum design speed in excess of 140 kilometres per hour (km/h).
Since the Community motor vehicle legislation sets no maximum limit for design speed of vehicles,
Member States cannot refuse to issue Community type-approvals for cars with high-speed performance.
However, the issue of a Community type-approval cannot be interpreted as providing clearance for the
vehicle to be driven at speeds exceeding the speed limits set for public roads.

It must be noted that on some portions of the motorway network in the Community territory the speed of
vehicles is not limited and that driving rules fall largely under the competence of the Member States
according to the principle of subsidiarity.

There is no Community legislation that restricts the advertiser from mentioning the maximum speed of a
motor vehicle in an advertisement. However there exists national legislation and codes of conduct that
forbid the use of concepts based on speed in cars advertising.

(2002/C 205 E/210)

WRITTEN QUESTION E-0715/02

by Guido Podestà (PPE-DE) and Raffaele Lombardo (PPE-DE) to the Commission

Subject: Children’s rights and gay couples

(15 March 2002)

In Norway gay couples may adopt the children which their partners have had in previous relationships.
The Swedish Government is currently preparing a bill to extend the right to adopt children to homosexual
couples.

There have also been repeated requests from gay couples for artificial insemination. This important issue
raises the question of the effective protection of children’s rights, which must be given precedence over the
rights of couples, as officially laid down in the Charter of Fundamental Rights adopted at Nice. The
Charter’s provisions on the protection of family life lay special emphasis on the protection of children’s
rights.

The Commission:

1 Would it agree that research work, statistical surveys and assessments should be carried out into the
development, in psychological and mental terms as well as from the point of view of socialisation, of
children who are brought up in homosexual families, as is already the case in certain countries?

1 Does it not consider that surveys should be conducted to ascertain whether the role which parents
should play with a view to the healthy development of their children’s personality can be taken on by
gay couples?

Answer given by Mr Byrne on behalf of the Commission

(14 May 2002)

The matter raised by the Honourable Member does not fall within the scope of Community competence. It
is a matter for the Member States.

Health studies may be funded under the Community Programme on Health Promotion, Information,
Education and Training (1) which has supported a series of actions on developing ‘measures to reach sound
mental health practices’. None have dealt with the issue raised by the Honourable Members.

A final call
programme,
Community public health programme, currently before the Parliament and Council.

for proposals was issued in July 2001 for the funding round 2002, after which this
together with the other seven public health programmes, will be replaced by a new

29.8.2002

EN

Official Journal of the European Communities

C 205 E/199

The Commission would not consider that the types of studies indicated would constitute an area for
priority action in this future programme, given that not all Member States are concerned by such artificial
insemination or adoption.

(1) Decision No 645/96/EC of 29 March 1996, OJ L 95, 16.4.1996 as extended by Decision 521/01/EC of 26 February

2001, OJ L 79, 17.3.2001.

(2002/C 205 E/211)

WRITTEN QUESTION E-0716/02

by Ria Oomen-Ruijten (PPE-DE) and Bartho Pronk (PPE-DE) to the Commission

Subject: Care insurance in Flanders

(15 March 2002)

In Flanders, Belgium, a Flemish care insurance scheme (‘zorgverzekering’) has recently come into existence.
It is not clear whether it falls within the scope of Regulation 1408/71 (1).

Does the Commission take the view that the Flemish care insurance scheme falls within the scope of
Article 4(1)(a) of Regulation 1408/71? If not, may the Flemish authorities introduce qualifying periods for
EEA workers or retired workers who move to Flanders?

(1) OJ L 149, 5.7.1971, p. 2.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 April 2002)

As regards the scope of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons and their families moving within the Community, the
Commission would like to remind the Honourable Members that the distinction between benefits excluded
from the scope of the Regulation and those which fall within it is based essentially on the constituent
elements of each particular benefit, in particular its purpose and the conditions under which it is granted,
and not on whether or not it is classified as a social security benefit by national legislation (see Molenaar
judgment (1), paragraph 19). Furthermore, the fact that benefits fall within the scope of Regulation (EEC)
No 1408/71 in no way influences how they are classified under national legislation (see, by analogy,
judgment in the case Commission v French Republic (2), paragraph 32).

A benefit may be regarded as a social security benefit within the meaning of Regulation (EEC) No 1408/71
in so far as it is granted, without any individual and discretionary assessment of personnel needs, to
recipients on the basis of a legally defined position and provided that it concerns one of the risks expressly
listed in Article 4(1) of Regulation No 1408/71. That list is exhaustive, so that a branch of social security
not mentioned therein does not fall within that category even if it confers upon recipients a legally defined
position entitling them to benefits (see in particular Molenaar judgment, paragraphs 20 et seq).

In the case of care insurance, as introduced by the Decree of the Flemish Community of Belgium of
30 March 1999 on the organisation of care insurance, which is the subject of the Honourable Members’
question, it is clear that the provisions on the granting of the care insurance benefits in question give
recipients a legally defined right.

It therefore ensues from the legislation in question and from the information available to the Commission
that care insurance gives entitlement to full or partial direct payment of certain expenditure entailed by the
insured person’s reliance on care, such as care provided in the home or in specialised centres or hospitals,
and the purchase of equipment and materials required by insured persons, such as special beds, mattresses
or chairs, respirators and oxygen cylinders. Accordingly, benefits of that type are essentially intended to